Tue, 10 Oct 2017 12:56:39 +0000
By CHINTU MALAMBO
FORMER Permanent Secretary for Southern Province Edwin Zumbunu has sued the government demanding damages for malicious prosecution.
Mr Zumbunu stated in a statement of claim filed in the Lusaka High Court that in 2013, he was arrested and charged for the offence wilful failure to comply with applicable procedures relating to procurement, contrary to section 34 (2) (b) and 41 of the Anti-corruption commission Act No.3 of 2012 of the laws of Zambia.
He alleged that the Attorney General Mr Kalaluka’s agents maliciously prosecuted him in the Subordinate Court before Judge Chinkashi Chilingala alleging that between 1st May and 31st August 2012 while in Livingstone and during his employment as Permanent Secretary for Southern Province, failed to comply with the procurement procedure when he approved works for the construction of a wall fence at the residence of the provincial minister at the time.
Further that his prosecution was malicious as there was wilful publication of allegations of corruption against him in the media. Mr Zumbunu claimed that the procurement of the said wall fence was done lawfully and in accordance with the provisions of the Public Procurement Act No. 12 of 2008.
“The defendant’s agents proceeded to maliciously and without reasonable or probable cause prosecute me in the Subordinate Court before Honourable Mr Chinkanshi Chilingala alleging that on dates unknown but between 1st May and 31st August 2012 in Livingstone while in employment in the public service as Permanent Secretary for Southern Province, I wilfully failed to comply with the applicable procurement procedure when I approved works for the erection of a wall fence at Plot GRZ 1, Kanyanta Road in Livingstone which was the residence of the minister of Southern Province,” he submitted. He said that he was acquitted in the Magistrate court in the judgement of 20th February 2015 and that he had suffered mental anguish and was put at great expense in defending himself during his prosecution. Mr Zumbunu however, claimed special damages, interest and any other relief that the court may deem fit.
